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?And I am 18 years of age or older. An affidavit of nonprosecution is available from the prosecuting attorney normally in domestic violence cases. This affidavit is a sworn statement, which is punishable under penalty of perjury if there are falsehoods or lies contained in the affidavit. An affidavit of non-prosecution is not a "special" form. 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.