How to file an affidavit of non prosecution in Texas? 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? Non-Prosecution in the matter of the State of Texas vs. Where do I take my notarized affidavit of non prosecution in Los Angeles County? How do I get domestic battery charge dropped? The State of Texas does not mandate a formal procedure for the filing of an affidavit of nonprosecution. Second thing, you can file and draft an affidavit of non prosecution. There are samples all over the internet. The Instructions for Completing the Orders – currently under the Temporary Ex Parte Order form – apply to all orders, including the MOEP.