The answer to your question is no, the state will not accept such an affidavit. How to file an affidavit of non prosecution in Texas?And I am 18 years of age or older. Law enforcement will ask you to fill out a statement as to what happened. It is critical that you make this statement as complete as possible. The affidavit or declaration of a person is admissible in evidence in any criminal or administrative proceeding to prove: Attorney Richard McConathy is knowledgeable in all areas of Texas's family violence laws. He will fight to help you achieve the most desirable outcome. 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.