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? And I am 18 years of age or older. You may file the affidavit with the prosecutor handling the case against your husband. An affidavit of nonprosecution is a sworn document in which the plaintiff expresses their desire not to prosecute the case or participate in the prosecution. At this point, you would have to work with the prosecutors to file the affidavit. Fill out a non prosecution affidavit. It basically states, I'm the victim of the crime, I'm aware of the charges and I don't wanna follow through with them.