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.How to file an affidavit of non prosecution in Texas? Non-Prosecution in the matter of the State of Texas vs. I understand I have the right to counsel to advise me before I sign this affidavit. I have exercised that right or am giving up that right. You may file the affidavit with the prosecutor handling the case against your husband. This form contains detailed information that you and your lawyer need in order to more accurately assess the situation and craft an effective defense strategy. Fill out a non prosecution affidavit. It basically states, I'm the victim of the crime, I'm aware of the charges and I don't wanna follow through with them.