Filling out an affidavit of non-prosecution in Texas is pretty straight-forward. It should state that the victim doesn't want to cooperate or prosecute.How to file an affidavit of non prosecution in Texas? You may file the affidavit with the prosecutor handling the case against your husband. 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. Edit, sign, and share affidavit of non prosecution harris county online. No need to install software, just go to DocHub, and sign up instantly and for free. An affidavit of nonprosecution is simply a sworn statement (typically notarized) from the victim stating that he or she does not wish to pursue charges. It is like a letter the complainant writes to the DA (district attorney or "prosecutor") saying they want the case dismissed, or not prosecuted.