And I am 18 years of age or older. How to file an affidavit of non prosecution in Texas?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. As a practice, we include in our affidavit of non-prosecution a very explicit request for charges to be dropped. VIDEO: Domestic Violence Attorney, Kevin Bennett, explains the role that an Affidavit of NonProsecution plays in Domestic Violence cases. This research guide includes information and resources on affidavits and declarations related to criminal law. Both affidavits and declarations are types. 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. Life application of a previous article in this journal about why we should still prosecute when a family violence victim won't cooperate.