How to file an affidavit of non prosecution in Texas? 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. 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. There is no set form or format of an affidavit of nonprosecution in Texas. Affidavits of Non-Prosecution are designed for a victim of a criminal charge to file in the event that they do not want the accused of the crime to be formally 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? The Texas Penal Code. 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.