Non-Prosecution in the matter of the State of Texas vs. There is no affidavit for nonprosecution that exist, since it is not your wife, but the state that is prosecuting you.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. 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? How to file an affidavit of non prosecution in Texas? An affidavit of nonprosecution represents a sworn notarized statement in an assault case that demands the end of criminal prosecution for assault.