How to file an affidavit of non prosecution in Texas? And I am 18 years of age or older.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. Explore the affidavit of nonprosecution, its legal implications, and potential future developments in criminal cases. There isn't always a form to fill out. You can contact their office and make sure they know your wishes. VIDEO: Domestic Violence Attorney, Kevin Bennett, explains the role that an Affidavit of NonProsecution plays in Domestic Violence cases. In filling out the affidavit you need to make sure that 1) all the court information, jurisdiction, charges, etc.