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 sworn document in which the plaintiff expresses their desire not to prosecute the case or participate in the prosecution. In Texas, the person that's alleged to have been assaulted in a family violence case can take an affidavit of non-prosecution to the police station. How do i go about filling out an affidavit of non prosecution? Is there a form i can fill out or a certain wording required? Clearly state your intention to dismiss charges against the defendant. Ensure you sign the affidavit and have it notarized for legal validity. imageSign. You will likely not get in trouble.