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. And I am 18 years of age or older. VIDEO: Domestic Violence Attorney, Kevin Bennett, explains the role that an Affidavit of NonProsecution plays in Domestic Violence cases. We have updated our forms. Please make sure you download the latest version. The affidavit contains usually a simple statement from the alleged victim. AFFIDAVIT FOR NON-PROSECUTION. In general, Texas has very few official legal forms.