The Family Court of the State of New York was created as a specialized court to handle cases involving children and families. I asked the DA if I could file an affidavit of non prosecution and he said no.Can I file a Affidavit of Non Prosecution? There is no single "fill-in-the-blank" form that can be readily downloaded and used. How to Request an Affidavit of Non-Prosecution. An unsigned affidavit, even if notarized, is not complete and cannot be considered a valid legal document in a court of law.