Affidavit of Non Prosecution Template

AFFIDAVIT OF NON PROSECUTION TEMPLATE FAQ

What is an affidavit of non prosecution?

An Affidavit of Non Prosecution is a sworn statement (often from an alleged victim or reporting party) asking a prosecutor not to pursue criminal charges. It may be used in certain misdemeanor cases, but laws and policies vary widely. Prosecutors can often proceed even if an affidavit is signed.

Does signing this stop the case?

Not necessarily. The prosecutor decides whether to file or continue charges. In some cases (especially domestic violence), prosecutors may continue even without victim cooperation. This template is a request only and avoids promising outcomes.

Who can sign it?

Typically the person who reported the incident or the alleged victim signs it. The signer should tell the truth and avoid pressure or coercion. If you feel unsafe, seek help from local support services.

What should be included?

Include: case/incident identifiers, a clear statement that the affidavit is voluntary, whether restitution is requested, and your contact information. This template includes a section to state whether there has been any pressure or threats.

Should it be notarized?

Often yes. Courts or prosecutor offices may require notarization. This template includes notarization and an optional witness section.

What if there is a protective order?

This affidavit does not change protective orders or court conditions. If there is a no-contact order, it must be followed unless a court changes it.

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