How to file an affidavit of non prosecution in Texas? The victim may present an Affidavit of Non-Prosecution detailing the reasons he or she does not want the case to proceed.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.