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. 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. VIDEO: Domestic Violence Attorney, Kevin Bennett, explains the role that an Affidavit of NonProsecution plays in Domestic Violence cases. We hope that you find this Handbook helpful, and that it provides some aid in protecting your rights behind bars. Hicks also faced a charge of petit larceny, lodged against him in the District Court of Suffolk County.