How to file an affidavit of non prosecution in Texas? I understand I have the right to counsel to advise me before I sign this affidavit.I have exercised that right or am giving up that right. An Affidavit of NonProsecution is a pretty standard form. In fact, a few Texas courts even provide a blank affidavit that you can fill out. Example of Affidavit of Non-Prosecution domestic violence form for use in Texas assault family violence cases. , and I am the complaining witness in the above referenced cause.